Patent Application in China

Depending on the complexity of technology and the number of office actions, the total fees of invention patent could range from USD1500 to USD2000

For utility model patent, the total fee is around USD1100.

For design patent, the total fee is around USD700

All quotes include government processing fee.

1. Complete our easy online questionnaire.
Our questionnaire contains help text and examples to gather the information we need to complete your patent application.

2. We review your information. You execute engagement and pay the fee.
We will assess the fees and prepare engagement for you to execute. After execution, you arrange to pay the fees.

3. Our patent attorneys will communicate with you regarding your invention and start to do some search.

4. We prepare the application kit and file the application with State Intellectual Property Office (SIPO) electronically.

5. You'll receive a proof of delivery number.
A patent filing date is effective upon receipt of the application. Keep this number for your records.
You receive official notice from the SIPO.

6. The U.S. Patent and Trademark Office will send you an official filing receipt.

7. Office actions may ensue if you file an invention patent application. There may be at least one round and possible up to three rounds.

According to Article 5 and Article 25 of the China Patent Law, the following items are unpatentable in China:
(1) any invention-creation that is contrary to the laws of the state or social morality or that is detrimental to public interest
(2) scientific discoveries;
(3) rules and methods for mental activities;
(4) methods for the diagnosis or for the treatment of diseases;
(5) animal and plant varieties;
(6) substances obtained by means of nuclear transformation.
For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.
Quick actions are required. The field Customs generally requires three days for IPR owner to determine whether the products are counterfeits and whether they need to be detained. In case of detainment, the IPR owner must provide a deposit to cover for any potential losses to the consigner/consignee in case of wrongful confiscation of the products as well as for costs related to the activities of the customs such as storage and destruction of infringing goods.

In case of counterfeit products, the customs official will interrogate and investigate the consignor. The consignor will be given a chance to defend himself by providing an authorization or other materials to prove the legitimacy of the goods.

For invention patent, it might take around 2 to 3 years to get final patent grant because there will be substantial review.

In comparison, for utility model patent and design patent, it only takes around 6 months to get the grant decision. Every utility model and design patent application will be granted because there will only be formality review.

Yes. China became a Patent Cooperation Treaty (PCT) contracting state on 1 January 1994. Since then it has been possible to designate China in international patent applications filed via the PCT route.

PCT allows the priority date to last 36 months from initial application.

Yes. If a foreign applicant, enterprise or organisation does not have a residential or business address in China, they must appoint a legally established patent agent to represent them in the patent prosecution procedure in China.

Any document submitted under the Chinese Patent Law and its Implementing Regulations must be in Chinese. Patent Cooperation Treaty (PCT) applications can be filed in either Chinese or English. However, you must submit a Chinese translation of the application within 30 months of the priority date (extendible to 32 months subject to payment of a surcharge).

Yes. The priority term is 12 months from the earliest claimed priority. Multiple priorities are possible. Domestic priorities can be claimed within 12 months from the date of first filing in China. If a later application claiming domestic priority is filed, the earlier application is deemed to have been withdrawn.

It is not possible at present to file a provisional application in order to get an early filing date in China.

Yes. Where an application contains two or more inventions, applicants may submit a divisional application on their own initiative or in accordance with an office action from an examiner. Divisional applications must be submitted on the basis of the initial application, no later than two months from the date of receipt of the notification of grant.

Yes, it is possible to file invention and utility model applications in parallel to obtain early protection in China. The applications must be filed by the same applicant, on the same day. They must relate to the same invention, and the fact that both applications were filed must be stated. Upon notification of grant of the patent, the utility model must be abandoned.